K. K. Viswanathan Master v. Registrar of Co-op. Societies
2006-08-10
K.THANKAPPAN
body2006
DigiLaw.ai
Judgment :- Challenging Ext.P4 order issued by the first respondent – Registrar of Co-operative Societies, Thiruvanthapuram, the petitioner filed this Writ Petition. The reliefs sought for by the petitioner are to quash Ext.P4 and to give a direction to the first respondent to nominate the representatives of the Government in the committee of the District Co-operative Bank, Wayanand. 2. The petitioner is the Vice President of the District Co-operative Bank, Wayanad. The management of the Bank is by a committee constituted both under Section 28 and 31 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the Act”). Section 31 of the Act deals with the power of the Government to nominate their nominees to the managing committee if the apex society to protect the interest of the Government. Section 28 of the Act deals with the appointment of the committee members by the general body of the apex or central society. The committee of the petitioner’s bank consists of ten members, seven members appointed by the general body and three members nominated by the Government. Out of the ten committee members one died and one resigned from the Bank and the three members nominated by the Government also submitted their resignation. In such circumstances, there was no quorum for the functioning of the committee and the Registrar, the authority as per law, intervened and appointed an Administrator as per Ext.P4 order to look after the day-to-day affairs of the Bank. 3. Learned counsel appearing for the petitioner submits that the committee of the bank will not cease to exist only on account of the resignation of the members nominated by the Government and the resignation of one of the elected members of the committee even though there occurred stalemate. The petitioner has another contention that the resignation letters submitted by the nominated members were not handed over to the President as per Rule 38 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as “the Rules”). It is the further case of the petitioner that though Section 33 of the Act enables the Registrar to appoint an Administrator for a specific period in order to overcome the stalemate that occurred in the functioning of the committee, unless and until the term of the committee has expired, it cannot be said that the committee does not exist as far as the Bank is concerned.
The petitioner also has a case that when the resignation submitted by the nominated members are accepted, it is the duty of the Government or the competent authority to nominate fresh members as contemplated under Section 31 of the Act and Rule 37 of the Rules. 4. Heard the learned Government Pleader and also the learned counsel appearing for the 4th respondent, General Manager of the Bank. Considering the question raised, it can be seen that as per Section 31 of the Act and Rule 37 of the Rules, the Government can nominate members and the committee can be constituted under Rule 38 of the Rules on following the procedure prescribed therein. It is an admitted fact that three of the members nominated by the Government submitted their resignation letters which were accepted. That means there is no quorum for the committee to function. At this juncture, it is the duty of the authority to appoint an officer as Administrator to look after the day-today affairs of the Bank and the first respondent has done so by Ext.P4 order. Hence, this Court is of the view that Ext.P4 is perfectly valid and justifiable. 5. With regard to the contention that as and when the members nominated by the Government resigned and their resignation was accepted, it was the duty of the Government or the competent authority to nominate such members so as to revive the functioning of the committee, it is to be noted that even though as per the provisions of Rule 37 of the Rules, it is the duty of the Government or the competent authority to nominate fresh members, the necessity of such nomination should be brought to the notice of the competent authority by the remaining members of the committee. This Court is not expected to give a direction to that effect. It is left to the petitioner or the remaining members of the committee to file a representation before the Government or the authority concerned to nominate members as per the provisions of the Act and the Rules so as to fill up the quorum of the committee. If such a representation is received by the authority concerned, the same shall be considered according to law. With the above observations, the Writ Petition is disposed of.